US District Judge Mary Lou Robinson made the ruling yesterday.
It all started when the mother of 24-year old Israel Leija, Jr. sued the Texas Department of Public Safety, and troopers Chadrin Mullenix and Gabriel Rodriguez for excessive force.
Leija was shot and killed during a high speed chase on I-27 in 2010.
Trooper Mullinex wanted the lawsuit dismissed, saying the facts of the case show he did not use excessive force.
Judge Robinson says she can't make a decision based on those so-called "facts."
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